Africa must capitalise on transformative High Seas Treaty for global ocean conservation

Daily Maverick

5 days ago

Having shaped the treaty, Africa must capitalise on recent global momentum to benefit from a new era in ocean governance.
In June, the third United Nations Ocean Conference (UNOC3) culminated in an ambitious political declaration that marks a turning point for global ocean governance. The highlight was the progress made in adopting the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement (High Seas Treaty).
This landmark agreement tackles governance and regulatory gaps in areas beyond countries' jurisdiction — 64% of the ocean's total surface. These waters are critical to planetary health and human wellbeing, but are often overexploited, polluted and abused due to the lack of an overarching regulatory framework.
The treaty fills these gaps by focusing on four pillars: marine genetic resources and benefit sharing; area-based management tools, including marine protected areas; environmental impact assessments; and capacity building and technology transfer.
UNOC3 generated significant momentum for the agreement. In the days leading up to the conference, 28 ratifications were lodged and 22 new ratifications took place at UNOC3, bringing the total to 51 out of the 60 required for it to come into force. Overall, 139 countries have signed on to the treaty.
Africa's engagement with the process has been both strategic and lacklustre. On the one hand, the African Group of Negotiators shaped the treaty, championing the common heritage of humanity principle in negotiations, and before that, the UN Convention on the Law of the Sea.
On the other hand, only seven out of 55 African countries have officially completed their ratification processes. Kenya and Sierra Leone have ratified, but must still deposit their instruments at the UN. Thirty-four African countries have signed.
Still, the threshold of 60 ratifications will probably be reached during September's UN General Assembly meeting. The agreement then enters into force 120 days later on 1 January 2026, allowing time for its translation and publication, and for states to prepare for implementation. Once in force, the first Conference of the Parties is convened. The Conference of the Parties is the decision-making body that oversees the treaty's implementation and development.
Obligations under the treaty extend only to countries that have ratified it. Those that haven't — including most African states — risk exclusion from its many benefits. These include decision-making power at the Conference of the Parties, without which countries can't shape key implementation and resource allocation decisions, or designate high seas protected areas. Ratification also gives countries access to benefit-sharing arrangements linked to the exploitation of marine genetic resources.
Before the Conference of the Parties, a Preparatory Commission will make recommendations on key procedural and institutional matters. It meets again from 18-29 August in New York. These meetings are open to all UN member states, and African states must attend if they want to shape the processes and institutions created for treaty implementation.
Ensuring fair representation and benefit-sharing for African states — particularly regarding marine genetic resources — is essential for the legitimacy and effectiveness of the new high seas governance regime established under the treaty.
Countries that have ratified the treaty will receive full access to financial mechanisms established under the Biodiversity Beyond National Jurisdiction Agreement. To spearhead these efforts, the High Ambition Coalition on the Biodiversity Beyond National Jurisdiction Agreement, co-chaired by the European Union (EU), Palau and Seychelles, unites over 40 countries to promote the treaty's rapid ratification and implementation.
The coalition shares expertise and fosters global ocean governance cooperation. The International Union for Conservation of Nature is the coalition's secretariat, providing scientific and legal support to help members fulfil the treaty's objectives. It facilitates the €40-million EU-funded Global Ocean Programme to support states' involvement in high seas biodiversity-related processes.
Marine Protected Areas
Once in force, the Conference of the Parties will operationalise the treaty, establish its institutions and begin designating marine protected areas in the high seas. Several ecologically significant areas adjacent to Africa are likely candidates, including the Walvis Ridge in the Southeast Atlantic and the Saya de Malha Bank midway between the Seychelles and Mauritius.
These zones are critical for migratory species, fisheries productivity and ecosystem connectivity. Establishing marine protected areas could benefit biodiversity protection, fisheries sustainability and ecosystem resilience, while supporting coastal communities' livelihoods.
African countries can prepare for the post-ratification phase in two ways. First, blue economy and fisheries, environment, science, international relations and maritime security ministries must coordinate, and designated focal points must be empowered. Ocean policies and strategies should be reviewed to align with the treaty's objectives.
Some commentators describe the agreement as the first global framework for high seas governance. But several regimes already exist, including regional fisheries management organisations like the Indian Ocean Tuna Commission, and organisations like the International Maritime Organisation and International Seabed Authority. However, each has its own sectoral or regional mandates, which leads to governance gaps and overlaps.
The Biodiversity Beyond National Jurisdiction treaty provides a holistic, legally binding framework that coordinates and strengthens existing regimes. This approach is crucial for designating and managing marine protected areas in international waters. The Conference of the Parties can establish these areas and other tools, but must consult regional fisheries organisations when mandates overlap. States party to the Biodiversity Beyond National Jurisdiction Agreement and these regional bodies must promote the aims of both instruments.
Cost of monitoring, surveillance and enforcement
The second way African countries can prepare for the treaty's implementation relates to the probable high cost of managing marine protected areas. Strictly protected areas are typically less expensive to administer than multiple-use zones. This is because complexity raises the cost of monitoring, surveillance and enforcement — activities that African countries have traditionally struggled to deliver. One innovative solution is uncrewed surface and underwater vessels, which offer cost-effective, continuous surveillance over vast areas.
Still, once a threat is detected, enforcement must follow, and additional responsibilities may be costly. Regional and international cooperation, joint patrols and information sharing will be needed, including activities under the African Union and regional navies' frameworks. That means Africa must develop robust maritime security strategies and enhanced regional cooperation.
UN Secretary-General António Guterres told UNOC3 delegates that Africa was at the heart of ocean action. Momentum around the treaty offers African states the chance to influence how the high seas are managed and protected, building on its strong legacy in ocean governance.